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United States Court Cases

Nevada Supreme/Appellate Court Record

EARHART VS. MIDDLESTEAD

Case Information: 37512
Short Caption:EARHART VS. MIDDLESTEADCourt:Supreme Court
Related Case(s): 39707
Lower Court Case(s):Clark Co. - Eighth Judicial District - D243734Classification:Civil Appeal - Family Law - Proper Person
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:03/12/2001 / Levitt, LansfordSP Status:Completed
Oral Argument:Oral Argument Location:
Submission Date:How Submitted:

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
03/05/2001Filing FeeReceived Filing Fee Paid on Filing. $200.00 from Joseph W. Houston, II, Inc.--check no. 13134.
03/05/2001Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Settlement. Notice re: settlement conference program/suspension of rules mailed to all counsel. 01-03924
03/05/2001Notice/OutgoingIssued Notice to File Case Appeal Statement. Due Date: 10 days
03/12/2001Settlement NoticeIssued Notice: Assignment to Settlement Program. Settlement Judge: Lansford W. Levitt. (Briefing and preparation of transcripts and docketing statement suspended pending further order of this court.)
03/12/2001Notice of Appeal DocumentsFiled Case Appeal Statement. Filed in district court on: March 9, 2001. 01-04419
03/26/2001MotionFiled Motion. 01-05303
04/05/2001MotionFiled Motion. Exhibit in Support of Motion. 01-05879
06/14/2001MotionFiled Motion to Dismiss Appeal. 01-09985
07/31/2001Notice/IncomingFiled Substitution of Attorneys. John Petter Lee in the place and stead of Joseph W. Houston. 01-12952
07/31/2001MotionFiled Motion to Extend Time. Motion to Extend Time to File Response in Opposition to Motion to Dismiss Appeal. 01-12954
08/01/2001Order/ProceduralFiled Order. On July 31, 2001, appellant filed a Substitution of Attorneys by which he substituted the law firm of John Peter Lee, Ltd., as his attorney in place of Joseph W. Houston, II, Esq. We deny as moot the motion to withdraw as counsel of record for appellant filed by Mr. Houston on March 26, 2001. We grant appellant's motion for an extension of time until August 29, 2001, to file an opposition to respondent's motion to dismiss appeal. 01-13009
08/29/2001MotionFiled Response to Motion. Opposition to Motion to Dismiss Appeal. 01-14612
09/27/2001Notice/IncomingFiled Notice. Notice of Pendency of Bankruptcy. 01-16321
10/01/2001Settlement Program ReportFiled Interim Settlement Program Report. Appellant has filed a Voluntary Petition under Chapter 7 of the Bankruptcy Code in the District of Nevada, on September 20, 2001. 01-16500
10/10/2001MotionFiled Response to Motion. Supplement to Respondent's Motion to Dismiss Appeal. 01-17052
10/22/2001Order/ProceduralFiled Order. We order this appeal stayed pursuant to the mandatory provisions of the federal bankruptcy law. Appellant John Earhart shall have 90 days from the date of this order to file a report informing this court of the status of the bankruptcy proceedings. 01-17714
10/29/2001Notice/IncomingFiled Substitution of Attorneys. Joshua M. Landish in place and stead of law firm of John Peter Lee as counsel for appellant. 01-18127
11/05/2001Notice/IncomingFiled Proof of Service. Certificate of Mailing the Substitution of Attorney. 01-18465
11/09/2001Notice/Outgoing Letter. Lansford W. Levitt.
02/15/2002MotionFiled Motion. Motion for Order Lifting Stay on Appeal; Request for Decision on Respondent's Motion to Dismiss Appeal. 02-03022
04/19/2002Notice/IncomingFiled Substitution of Attorneys. John Earhart hereby substitutes Andrew S. Myers of the law firm of Myers Chambers, LLP as attorney of record for Appellant in the place and stead of Joshua Landish. 02-07000
04/23/2002Notice/Outgoing Letter. Lansford W. Levitt. (Substitution of Attorney)
05/06/2002Order/ProceduralFiled Order Denying Motion. On February 15, 2002, respondent filed a motion requesting this court to lift the automatic bankruptcy stay and requesting a decision on her June 14, 2001, motion to dismiss this appeal. Our review of the documents filed with this court indicate that the judgments appealed from neither establish nor modify an award of alimony. Therefore, it appears that the bankruptcy court does not terminate the automatic stay as to this appeal. Accordingly, we deny respondent's motion to lift the bankruptcy stay and her request to rule her June 14, 2001, motion to dismiss. Because this appeal remains on this court's active docket, appellant shall have 120 days from the date of this order to file a report informing this court of the status of the bankruptcy proceedings. That report, and all subsequent reports, if any, shall inform this court whether or not the bankruptcy proceeding is continuing and, in addition, shall specifically state whether or not this appeal continues to be stayed pursuant to the automatic bankruptcy stay mandated by 11 U.S.C. 02-07881
07/11/2002Notice/IncomingFiled Status Report. Notice of Status of Appellant Bankruptcy. 02-11909
08/01/2002Notice/IncomingFiled Substitution of Attorneys. Respondent Carolle Middlestead substitutes herself in proper person in place of attorney Daniel Marks. 02-13199
08/07/2002Notice/Outgoing Letter. Lansford W. Levitt. (Substitution of Attorney)
08/26/2002Notice/IncomingFiled Substitution of Attorneys. Lynn R. Shoen, Esq., in place and stead of Andrew S. Myers, Esq, as counsel for appellant. 02-14645
02/21/2003Order/ProceduralFiled Order. On July 11, 2002, counsel for appellant filed a notice inform this court that a Discharge of Debtor was entered by the United States Bankruptcy Court in appellant's bankruptcy proceeding and that the automatic stay was automatically terminated. This appeal may proceed. On August 1, 2002, respondent filed a Substitution of Attorneys. We elect to treat that document as a motion to withdraw as counsel of record for respondent. We approve that notice. The clerk of this court shall amend the docket of this appeal to reflect that Mr. Marks is no longer counsel of record for respondent and respondent is proceeding in proper person. Because respondent is proceeding in proper person, we remove this appeal from the settlement program. fn1[Should respondent retain new counsel to represent her in this appeal, this matter may be reassigned to the settlement program.] We defer ruling on respondent's June 14, 2001, motion to dismiss appeal pending receipt of the docketing statement from appellant. Appellant shall file the docketing statement within 20 days from the date of this order and file and serve the opening brief and appendix within 120 days. We decline to grant respondent permission to file documents in proper person at this time. This appeal may be submitted for decision upon the filing of the opening brief. (Docketing statement mailed to counsel for appellant.) 03-02948
03/12/2003Other Returned Unfiled Document.
03/25/2003Docketing StatementFiled Docketing Statement. 03-05033
04/03/2003MotionFiled Motion. Lynn R. Shoen, Esq., attorney for appellant, motion to withdraw as counsel of record. 03-05613
05/22/2003Order/ProceduralFiled Order. Granting Motion to Withdraw as Counsel. The clerk of this court shall amend the docket of this appeal to reflect that Ms. Shoen is no longer counsel of record for appellant. Further, we vacate that portion of our February 21, 2003, order directing appellant to file and serve an opening brief and appendix by June 23, 2003. Appellant shall have 60 days from the date of this order to retain new counsel and cause new counsel to file a notice of appearance in this court. New counsel shall comply with NRAP 9(a) by filing a transcript request form or certificate indicating that no transcripts are requested within 10 days from filing the notice of appearance, and shall file and serve the opening brief and appendix within 45 days from filing the notice of appearance. If appellant does not intend to retain new counsel to represent him in this appeal, he shall inform this court so in writing within that same period. If appellant does not retain new counsel this appeal shall proceed as a proper person appeal. 03-08707
06/03/2003Letter/IncomingFiled Letter. from appellant's former attorney, Lynn Shoen, enclosing a copy of correspondence from John Earhart stating that he will be obtaining new counsel to represent him. 03-09253
07/21/2003Notice/IncomingFiled Notice of Appearance. Representing appellant: Roger P. Croteau & Associates, Ltd. 03-12282
08/04/2003Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 12/19/00, 01/18/01, 01/19/01, 01/23/01, 02/01/01, 02/13/01, 02/22/01, 03/21/01, 09/05/01. To Court Reporter: Transcript Video Services. 03-13065
08/25/2003MotionFiled Motion. Plaintiff's Motion to Allow Withdrawal of Attorney of Record and for Leave to Proceed in Proper Person. 03-14262
09/24/2003Order/ProceduralFiled Order Granting Motion. to Withdraw as Counsel filed August 25, 2003. The clerk of this court shall remove Mr. Croteau from the docket of this appeal as counsel for appellant. We elect to treat the request to proceed in proper person as a notice that appellant will not be retaining new counsel for this appeal. At this time we decline to grant appellant permission to file documents in proper person. See NRAP 46(b). The briefing schedule for this appeal is vacated and Transcript Video Services need not take any action on the transcript request form filed on August 4, 2003, pending further order of this court after a preliminary jurisdictional review. 03-15994
09/29/2003Order/DispositionalFiled Order Dismissing Appeal. We conclude that we lack jurisdiction to consider this appeal, and " . . . we dismiss it." fn6[We deny as moot respondent's motion to dismiss this appeal, based upon the fugitive disentitlement doctrine.] NNP04S-NB/MS/MG 03-16193
10/07/2003Other Returned Mail. Order filed 09/24/03 addressed to Carolle Middlestead remailed to corrected address.
10/09/2003Other Returned Mail. Order Dismissing Appeal filed 09/29/03 addressed to Carolle Middlestead remailed to corrected address.
10/24/2003RemittiturIssued Remittitur. 03-16379
10/24/2003Case Status Update Remittitur Issued/Case Closed.
11/10/2003RemittiturFiled Remittitur. Received by County Clerk on October 27, 2003. 03-16379